Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1352
       
       
       
       
       
       
                                Ì817654=Î817654                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/11/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Brandes)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (f) and (g) of subsection
    6  (1), present subsections (11) through (14), and present
    7  subsection (15) of section 627.748, Florida Statutes, are
    8  redesignated as paragraphs (g) and (h) of subsection (1),
    9  subsections (12) through (15), and subsection (17),
   10  respectively, paragraphs (b) and (e) and present paragraph (g)
   11  of subsection (1), subsection (2), paragraphs (b) and (c) of
   12  subsection (7), and paragraph (a) of present subsection (15) are
   13  amended, a new paragraph (f) is added to subsection (1), and a
   14  new subsection (11) and subsection (16) are added to that
   15  section, to read:
   16         627.748 Transportation network companies.—
   17         (1) DEFINITIONS.—As used in this section, the term:
   18         (b) “Prearranged ride” means the provision of
   19  transportation by a TNC driver to a rider, beginning when a TNC
   20  driver accepts a ride requested by a rider through a digital
   21  network controlled by a transportation network company,
   22  continuing while the TNC driver transports the rider, and ending
   23  when the last rider exits from and is no longer occupying the
   24  TNC vehicle. The term does not include a taxicab, for-hire
   25  vehicle, or street hail service and does not include ridesharing
   26  as defined in s. 341.031, carpool as defined in s. 450.28, or
   27  any other type of service in which the driver receives a fee
   28  that does not exceed the driver’s cost to provide the ride.
   29         (e) “Transportation network company” or “TNC” means an
   30  entity operating in this state pursuant to this section using a
   31  digital network to connect a rider to a TNC driver, who provides
   32  prearranged rides. A TNC is not deemed to own, control, operate,
   33  direct, or manage the TNC vehicles or TNC drivers that connect
   34  to its digital network, except where agreed to by written
   35  contract, and is not a taxicab association or for-hire vehicle
   36  owner. An individual, corporation, partnership, sole
   37  proprietorship, or other entity that arranges medical
   38  transportation for individuals qualifying for Medicaid or
   39  Medicare pursuant to a contract with the state or a managed care
   40  organization is not a TNC. This section does not prohibit a TNC
   41  from providing prearranged rides to individuals who qualify for
   42  Medicaid or Medicare if it meets the requirements of this
   43  section.
   44         (f)“Transportation network company digital advertising
   45  device” or “TNC digital advertising device” means a device no
   46  larger than 20 inches tall and 54 inches long that is fixed to
   47  the roof of a TNC vehicle and that displays advertisements on a
   48  digital screen only when the TNC vehicle is turned on.
   49         (h)(g) “Transportation network company vehicle” or “TNC
   50  vehicle” means a vehicle that is not a taxicab or, jitney,
   51  limousine, or for-hire vehicle as defined in s. 320.01(15) and
   52  that is:
   53         1. Used by a TNC driver to offer or provide a prearranged
   54  ride; and
   55         2. Owned, leased, or otherwise authorized to be used by the
   56  TNC driver.
   57  
   58  Notwithstanding any other provision of law, a vehicle that is
   59  let or rented to another for consideration may be used as a TNC
   60  vehicle.
   61         (2) NOT OTHER CARRIERS.—A TNC or TNC driver is not a common
   62  carrier, contract carrier, or motor carrier and does not provide
   63  taxicab or for-hire vehicle service. In addition, a TNC driver
   64  is not required to register the vehicle that the TNC driver uses
   65  to provide prearranged rides as a commercial motor vehicle or a
   66  for-hire vehicle.
   67         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   68  REQUIREMENTS.—
   69         (b) The following automobile insurance requirements apply
   70  while a participating TNC driver is logged on to the digital
   71  network but is not engaged in a prearranged ride:
   72         1. Automobile insurance that provides:
   73         a. A primary automobile liability coverage of at least
   74  $50,000 for death and bodily injury per person, $100,000 for
   75  death and bodily injury per incident, and $25,000 for property
   76  damage;
   77         b. Personal injury protection benefits that meet the
   78  minimum coverage amounts required under ss. 627.730-627.7405;
   79  and
   80         c. Uninsured and underinsured vehicle coverage as required
   81  by s. 627.727.
   82         2. The coverage requirements of this paragraph may be
   83  satisfied by any of the following:
   84         a. Automobile insurance maintained by the TNC driver or the
   85  TNC vehicle owner;
   86         b. Automobile insurance maintained by the TNC; or
   87         c. A combination of sub-subparagraphs a. and b.
   88         (c) The following automobile insurance requirements apply
   89  while a TNC driver is engaged in a prearranged ride:
   90         1. Automobile insurance that provides:
   91         a. A primary automobile liability coverage of at least $1
   92  million for death, bodily injury, and property damage;
   93         b. Personal injury protection benefits that meet the
   94  minimum coverage amounts required of a limousine under ss.
   95  627.730-627.7405; and
   96         c. Uninsured and underinsured vehicle coverage as required
   97  by s. 627.727.
   98         2. The coverage requirements of this paragraph may be
   99  satisfied by any of the following:
  100         a. Automobile insurance maintained by the TNC driver or the
  101  TNC vehicle owner;
  102         b. Automobile insurance maintained by the TNC; or
  103         c. A combination of sub-subparagraphs a. and b.
  104         (11)TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
  105  DEVICE.—
  106         (a)A TNC driver or his or her designee may contract with a
  107  company to install a TNC digital advertising device on a TNC
  108  vehicle.
  109         (b)A TNC digital advertising device may be enabled with
  110  cellular or WiFi-enabled data transmission and equipped with
  111  GPS.
  112         (c)A TNC digital advertising device may display
  113  advertisements only when the TNC vehicle is turned on.
  114         (d)A TNC digital advertising device must follow the
  115  lighting requirements of s. 316.2397.
  116         (e)No portion of the TNC digital advertising device may
  117  extend beyond the front or rear windshield of the vehicle, nor
  118  may it impact the TNC driver’s vision.
  119         (f)A TNC digital advertising device must display
  120  advertisements only to the sides of the vehicle and not to the
  121  front or rear of the vehicle. Identification of the provider
  122  does not constitute advertising under this paragraph.
  123         (g)A TNC digital advertising device must, at a minimum,
  124  meet the requirements of the MIL-STD-810G standard or other
  125  reasonable environmental and safety industry standard, as
  126  determined through independent safety and durability testing
  127  under the review of a licensed professional engineer, before
  128  being installed on a TNC vehicle.
  129         (h)A TNC digital advertising device may not display
  130  advertisements for illegal products or services or
  131  advertisements that include nudity or violent images. All
  132  advertisements displayed on a TNC digital advertising device are
  133  subject to the Florida Deceptive and Unfair Trade Practices Act.
  134         (i)1.A TNC driver is immune from liability for the display
  135  of an advertisement that violates this section or the Florida
  136  Deceptive and Unfair Trade Practices Act unless the TNC driver
  137  is the advertiser.
  138         2.The owner or operator of a TNC digital advertising
  139  device that displays an advertisement that is in violation of
  140  this section or the Florida Deceptive and Unfair Trade Practices
  141  Act is immune from liability under this section and the Florida
  142  Deceptive and Unfair Trade Practices Act for the violation if
  143  the advertisement was displayed in good faith and without actual
  144  knowledge of the violation, unless the advertiser is the same
  145  person as the owner or operator.
  146         (j)For the purposes of this chapter, a TNC advertising
  147  device shall be deemed part of a TNC vehicle.
  148         (16)LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
  149         (a)As used in this subsection, the term “luxury ground
  150  transportation network company” or “luxury ground TNC” means a
  151  company that:
  152         1.Meets the requirements of paragraph (b).
  153         2.Notwithstanding other provisions of this section, uses a
  154  digital network to connect riders exclusively to drivers who
  155  operate for-hire vehicles as defined in s. 320.01(15), including
  156  limousines and luxury sedans and excluding taxicabs.
  157         (b)An entity may elect, upon written notification to the
  158  department, to be regulated as a luxury ground TNC. A luxury
  159  ground TNC must:
  160         1.Comply with all of the requirements of this section
  161  applicable to a TNC, including subsection (17), that do not
  162  conflict with subparagraph 2. or that do not prohibit the
  163  company from connecting riders to drivers who operate for-hire
  164  vehicles as defined in 320.01(15), including limousines and
  165  luxury sedans and excluding taxicabs.
  166         2.Maintain insurance coverage required in this section
  167  when the luxury ground TNC driver is logged on to a digital
  168  network or while the luxury ground TNC driver is engaged in a
  169  prearranged ride. However, a prospective luxury ground TNC that
  170  satisfies minimum financial responsibility at the time of
  171  written notification to the department through compliance with
  172  s. 324.032(2) by using self-insurance may continue to use self
  173  insurance to satisfy the requirements of this subparagraph.
  174         (17)(15) PREEMPTION.—
  175         (a) It is the intent of the Legislature to provide for
  176  uniformity of laws governing TNCs, TNC drivers, and TNC
  177  vehicles, luxury ground TNCs, luxury ground TNC drivers, and
  178  luxury ground TNC vehicles throughout the state. TNCs, TNC
  179  drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
  180  drivers, and luxury ground TNC vehicles are governed exclusively
  181  by state law, including in any locality or other jurisdiction
  182  that enacted a law or created rules governing TNCs, TNC drivers,
  183  or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
  184  or luxury ground TNC vehicles before July 1, 2017. A county,
  185  municipality, special district, airport authority, port
  186  authority, or other local governmental entity or subdivision may
  187  not:
  188         1. Impose a tax on, or require a license for, a TNC, a TNC
  189  driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
  190  TNC driver, or a luxury ground TNC vehicle if such tax or
  191  license relates to providing prearranged rides;
  192         2. Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
  193  ground TNC, a luxury ground TNC driver, or a luxury ground TNC
  194  vehicle to any rate, entry, operation, or other requirement of
  195  the county, municipality, special district, airport authority,
  196  port authority, or other local governmental entity or
  197  subdivision; or
  198         3. Require a TNC, or a TNC driver, a luxury ground TNC, or
  199  a luxury ground TNC driver to obtain a business license or any
  200  other type of similar authorization to operate within the local
  201  governmental entity’s jurisdiction.
  202         Section 2. This act shall take effect upon becoming a law.
  203  
  204  ================= T I T L E  A M E N D M E N T ================
  205  And the title is amended as follows:
  206         Delete everything before the enacting clause
  207  and insert:
  208                        A bill to be entitled                      
  209         An act relating to transportation network companies;
  210         amending s. 627.748, F.S.; revising and providing
  211         definitions; deleting for-hire vehicles from the list
  212         of vehicles that are not considered TNC carriers or
  213         are not exempt from certain registration; providing
  214         that TNC vehicle owners may maintain required
  215         insurance coverages; authorizing TNC drivers or their
  216         designees to contract with companies to install TNC
  217         digital advertising devices on TNC vehicles; providing
  218         requirements and restrictions for such devices;
  219         providing immunity from certain liability for TNC
  220         drivers and owners and operators of TNC digital
  221         advertising devices; providing exceptions; providing
  222         construction; authorizing entities to elect to be
  223         regulated as luxury ground TNCs by notifying the
  224         Department of Financial Services; providing
  225         requirements for luxury ground TNCs; providing for
  226         preemption over local law on the governance of luxury
  227         ground TNCs, luxury ground TNC drivers, and luxury
  228         ground TNC vehicles; providing an effective date.